4/29/2020
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However, the COMELEC En Banc reversed and set aside the ruling of the First Division
and granted Arnado’s Motion for Reconsideration, on the following premises:
First:
By renouncing his US citizenship as imposed by R.A. No. 9225, the
respondent embraced his Philippine citizenship as though he never became a
citizen of another country. It was at that time, April 3, 2009, that the
respondent became a pure Philippine Citizen again.
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The use of a US passport […] does not operate to revert back his status as a
dual citizen prior to his renunciation as there is no law saying such. More
succinctly, the use of a US passport does not operate to “un-renounce” what
he has earlier on renounced. The First Division’s reliance in the case of In
Re: Petition for Habeas Corpus of Willy Yu v. Defensor-Santiago, et al. is
misplaced. The petitioner in the said case is a naturalized citizen who, after
taking his oath as a naturalized Filipino, applied for the renewal of his
Portuguese passport. Strict policy is maintained in the conduct of citizens
who are not natural born, who acquire their citizenship by choice, thus
discarding their original citizenship. The Philippine State expects strict
conduct of allegiance to those who choose to be its citizens. In the present
case, respondent is not a naturalized citizen but a natural born citizen who
chose greener pastures by working abroad and then decided to repatriate to
supposedly help in the progress of Kauswagan. He did not apply for a US
passport after his renunciation. Thus the mentioned case is not on all fours
with the case at bar.
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The respondent presented a plausible explanation as to the use of his US
passport. Although he applied for a Philippine passport, the passport was
only issued on June 18, 2009. However, he was not notified of the issuance
of his Philippine passport so that he was actually able to get it about three
(3) months later. Yet as soon as he was in possession of his Philippine
passport, the respondent already used the same in his subsequent travels
abroad. This fact is proven by the respondent’s submission of a certified true
copy of his passport showing that he used the same for his travels on the
following dates: January 31, 2010, April 16, 2010, May 20, 2010, January
12, 2010, March 31, 2010 and June 4, 2010. This then shows that the use of
the US passport was because to his knowledge, his Philippine passport was
not yet issued to him for his use. As probably pressing needs might be
undertaken, the respondent used whatever is within his control during that
time.[25]
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